Complete guide to the EB-1A extraordinary ability green card with 10 criteria, evidence strategies, costs, and processing times for 2026.
Complete guide to the EB-1A extraordinary ability green card with 10 criteria, evidence strategies, costs, and processing times for 2026.
The EB-1A green card allows individuals with extraordinary ability in sciences, arts, education, business, or athletics to self-petition for permanent residency without employer sponsorship or PERM labor certification. Applicants must meet at least 3 of 10 criteria under 8 CFR 204.5(h)(3). The I-140 filing fee is $715 plus $600 Asylum Program Fee. Premium processing costs $2,805 ($2,965 after March 1, 2026) and provides a decision within 15 business days. EB-1A priority dates are generally current for most countries.
The EB-1A allows self-petition for a green card without a job offer, employer sponsor, or PERM labor certification.
Applicants must demonstrate extraordinary ability by meeting at least 3 of 10 criteria under 8 CFR 204.5(h)(3), followed by a final merits determination.
The I-140 filing fee is $715 plus $600 Asylum Program Fee; premium processing adds $2,805 ($2,965 after March 1, 2026) for a 15 business day decision.
EB-1A priority dates are generally current for most countries, meaning shorter green card wait times compared to EB-2 or EB-3.
Standard I-140 processing takes approximately 6-19 months; premium processing guarantees action within 15 business days.
USCIS uses a two-step adjudication: (1) threshold evidence for 3 of 10 criteria, then (2) final merits determination evaluating totality of evidence.
The EB-1A covers sciences, arts, education, business, and athletics, making it available to researchers, engineers, entrepreneurs, artists, and executives.
The EB-1A allows self-petition for a green card without a job offer, employer sponsor, or PERM labor certification.
Applicants must demonstrate extraordinary ability by meeting at least 3 of 10 criteria under 8 CFR 204.5(h)(3), followed by a final merits determination.
The I-140 filing fee is $715 plus $600 Asylum Program Fee; premium processing adds $2,805 ($2,965 after March 1, 2026) for a 15 business day decision.
EB-1A priority dates are generally current for most countries, meaning shorter green card wait times compared to EB-2 or EB-3.
Standard I-140 processing takes approximately 6-19 months; premium processing guarantees action within 15 business days.
USCIS uses a two-step adjudication: (1) threshold evidence for 3 of 10 criteria, then (2) final merits determination evaluating totality of evidence.
The EB-1A covers sciences, arts, education, business, and athletics, making it available to researchers, engineers, entrepreneurs, artists, and executives.
The EB-1A (Extraordinary Ability) is a first-preference employment-based immigrant visa that provides a direct path to U.S. permanent residency. It is authorized under Section 203(b)(1)(A) of the Immigration and Nationality Act and governed by 8 CFR 204.5(h).
The EB-1A is one of the most advantageous green card categories because it allows self-petition (no employer needed), requires no job offer, requires no PERM labor certification, and typically has current priority dates for most countries, meaning shorter wait times than EB-2 or EB-3.
Applicants file Form I-140 (Immigrant Petition for Alien Workers) on their own behalf. The EB-1A covers extraordinary ability in the sciences, arts, education, business, or athletics.
Learn more about the EB-1A green card
USCIS requires evidence of either a one-time major internationally recognized award (Nobel Prize, Pulitzer, Olympic medal) or satisfaction of at least 3 of the following 10 criteria:
Awards for excellence in the field. Examples include Best Paper Awards at major conferences, Forbes 30 Under 30, industry-specific honors, competitive grants, and startup competition wins. The award must be selective and recognizable beyond the local level.
Membership in organizations that demand outstanding achievements as judged by recognized national or international experts. Examples include IEEE Fellow, ACM Fellow, National Academy membership, and invitation-only professional societies.
Articles in professional or major trade publications or major media about the applicant and their work. The material must be about the individual specifically, not just a citation of their published papers.
Participation as a judge of others' work, individually or on a panel. Examples include peer review for journals, grant review panels, judging competitions, dissertation committees, and serving on editorial boards.
Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field. Evidence includes patents, widely adopted products or methodologies, and expert testimony about the significance of the work.
Authorship of scholarly articles in professional or major trade publications or other major media. Includes peer-reviewed journal papers, conference proceedings, and authored books.
For artists: evidence of display at artistic exhibitions or showcases. Includes gallery exhibitions, museum shows, film festival screenings, and major performances.
Performance in a leading or critical role for organizations or establishments that have a distinguished reputation. Evidence includes organizational charts, impact documentation, and proof of the organization's distinction.
Commanding a high salary or other significantly high remuneration relative to others in the field. Evidence includes W-2s, offer letters, equity grants, and comparative salary data showing top-5% compensation.
Evidence of commercial successes in the performing arts. Includes box office receipts, album sales, streaming numbers, and ticket sales.
USCIS evaluates EB-1A petitions in two steps:
Step 1 - Threshold Analysis: Does the evidence satisfy at least 3 of the 10 criteria? Each criterion is evaluated individually against the regulatory standard.
Step 2 - Final Merits Determination: Considering the totality of evidence, has the petitioner demonstrated sustained national or international acclaim and that they are among the small percentage who have risen to the very top of their field? This holistic review means that meeting 3 criteria alone does not guarantee approval.
Direct documentation (awards, memberships, articles, etc.)
Context showing selectivity (acceptance rates, number of applicants, prestige of the awarding body)
Independent validation (third-party confirmation, not self-reported claims)
Connection to the applicant's field of extraordinary ability
6-10 letters from recognized experts in the field
At least 3-4 from independent experts who have not collaborated directly with the applicant
Each letter should reference specific achievements, provide context on significance, and explain why the applicant is at the very top of the field
Letters should cite specific exhibit numbers and evidence
Google Scholar profile with citation metrics (for researchers)
Patent documentation
Media coverage portfolio
Financial documentation for salary/remuneration claims
Organizational charts and company data for critical role claims
Step 1: Identify which 3+ criteria you can satisfy and assess whether the totality of evidence demonstrates sustained acclaim.
Step 2: Compile comprehensive evidence packages for each criterion with context and independent validation.
Step 3: Obtain 6-10 strong recommendation letters.
Step 4: File Form I-140 as a self-petition ($715 + $600). Optionally add Form I-907 for premium processing ($2,805).
Step 5: Wait for USCIS adjudication (6-19 months standard, 15 business days premium).
Step 6: If approved and priority date is current, file I-485 (Adjustment of Status) or complete consular processing.
Step 7: Receive green card.
Not sure if you qualify? Take the free visa evaluation
Item | Cost / Timeline |
|---|---|
Form I-140 filing fee | $715 |
Asylum Program Fee | $600 |
Premium processing (I-907) | $2,805 ($2,965 after March 1, 2026) |
Standard I-140 processing | 6-19 months |
Premium processing time | 15 business days |
Form I-485 filing fee | $1,440 |
Medical exam | $200-$500 |
Attorney fees | $5,000-$20,000 |
Priority date wait (most countries) | Generally current |
Priority date wait (India EB-1) | 1-3 years |
Priority date wait (China EB-1) | 1-2 years |
Feature | EB-1A | EB-2 NIW |
|---|---|---|
Visa Category | First preference (EB-1) | Second preference (EB-2) |
Self-Petition | Yes | Yes |
Standard | Extraordinary ability (very top of field) | Advanced degree/exceptional ability + national interest |
Criteria | 3 of 10 criteria + final merits | Dhanasar three-prong test |
Degree Required | No | Yes (advanced degree or bachelor's + 5 years) |
Filing Fee | $715 + $600 | $715 + $600 |
Premium Processing | 15 business days ($2,805) | 45 business days ($2,805) |
Priority Date | Generally current (shorter wait) | Backlogged (1-2 years most countries, 10+ India) |
Evidence Bar | Higher (sustained acclaim, very top of field) | Lower (national importance, well-positioned) |
Best For | Top-tier achievers with extensive recognition | Professionals with advanced degrees and impactful work |
The final merits determination can result in denial even if 3 criteria are technically met. The totality of evidence must show sustained national or international acclaim, not just isolated achievements.
USCIS must first define the applicant's field before evaluating whether they are at the "very top." A vaguely defined field makes evaluation difficult and can lead to an RFE.
Evidence that relies primarily on the applicant's own claims or letters from close collaborators is insufficient. USCIS values independent, third-party confirmation of achievements.
An award means nothing without context showing its selectivity. A publication means little without citation data. Always provide comparative data and context.
USCIS requires sustained, current acclaim. Achievements from 10+ years ago without recent activity may suggest the applicant has not maintained their level of extraordinary ability.
Disclaimer: OpenSphere is not a law firm and does not provide legal advice. This article is for informational purposes only and should not be considered legal counsel. Immigration laws change frequently; always consult with a licensed immigration attorney for advice specific to your situation.
Not sure which visa is right for you? Take OpenSphere's free visa evaluation to get a personalized recommendation in minutes.
The EB-1A (Extraordinary Ability) is a first-preference employment-based immigrant visa that provides a direct path to U.S. permanent residency. It is authorized under Section 203(b)(1)(A) of the Immigration and Nationality Act and governed by 8 CFR 204.5(h).
The EB-1A is one of the most advantageous green card categories because it allows self-petition (no employer needed), requires no job offer, requires no PERM labor certification, and typically has current priority dates for most countries, meaning shorter wait times than EB-2 or EB-3.
Applicants file Form I-140 (Immigrant Petition for Alien Workers) on their own behalf. The EB-1A covers extraordinary ability in the sciences, arts, education, business, or athletics.
Learn more about the EB-1A green card
USCIS requires evidence of either a one-time major internationally recognized award (Nobel Prize, Pulitzer, Olympic medal) or satisfaction of at least 3 of the following 10 criteria:
Awards for excellence in the field. Examples include Best Paper Awards at major conferences, Forbes 30 Under 30, industry-specific honors, competitive grants, and startup competition wins. The award must be selective and recognizable beyond the local level.
Membership in organizations that demand outstanding achievements as judged by recognized national or international experts. Examples include IEEE Fellow, ACM Fellow, National Academy membership, and invitation-only professional societies.
Articles in professional or major trade publications or major media about the applicant and their work. The material must be about the individual specifically, not just a citation of their published papers.
Participation as a judge of others' work, individually or on a panel. Examples include peer review for journals, grant review panels, judging competitions, dissertation committees, and serving on editorial boards.
Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field. Evidence includes patents, widely adopted products or methodologies, and expert testimony about the significance of the work.
Authorship of scholarly articles in professional or major trade publications or other major media. Includes peer-reviewed journal papers, conference proceedings, and authored books.
For artists: evidence of display at artistic exhibitions or showcases. Includes gallery exhibitions, museum shows, film festival screenings, and major performances.
Performance in a leading or critical role for organizations or establishments that have a distinguished reputation. Evidence includes organizational charts, impact documentation, and proof of the organization's distinction.
Commanding a high salary or other significantly high remuneration relative to others in the field. Evidence includes W-2s, offer letters, equity grants, and comparative salary data showing top-5% compensation.
Evidence of commercial successes in the performing arts. Includes box office receipts, album sales, streaming numbers, and ticket sales.
USCIS evaluates EB-1A petitions in two steps:
Step 1 - Threshold Analysis: Does the evidence satisfy at least 3 of the 10 criteria? Each criterion is evaluated individually against the regulatory standard.
Step 2 - Final Merits Determination: Considering the totality of evidence, has the petitioner demonstrated sustained national or international acclaim and that they are among the small percentage who have risen to the very top of their field? This holistic review means that meeting 3 criteria alone does not guarantee approval.
Direct documentation (awards, memberships, articles, etc.)
Context showing selectivity (acceptance rates, number of applicants, prestige of the awarding body)
Independent validation (third-party confirmation, not self-reported claims)
Connection to the applicant's field of extraordinary ability
6-10 letters from recognized experts in the field
At least 3-4 from independent experts who have not collaborated directly with the applicant
Each letter should reference specific achievements, provide context on significance, and explain why the applicant is at the very top of the field
Letters should cite specific exhibit numbers and evidence
Google Scholar profile with citation metrics (for researchers)
Patent documentation
Media coverage portfolio
Financial documentation for salary/remuneration claims
Organizational charts and company data for critical role claims
Step 1: Identify which 3+ criteria you can satisfy and assess whether the totality of evidence demonstrates sustained acclaim.
Step 2: Compile comprehensive evidence packages for each criterion with context and independent validation.
Step 3: Obtain 6-10 strong recommendation letters.
Step 4: File Form I-140 as a self-petition ($715 + $600). Optionally add Form I-907 for premium processing ($2,805).
Step 5: Wait for USCIS adjudication (6-19 months standard, 15 business days premium).
Step 6: If approved and priority date is current, file I-485 (Adjustment of Status) or complete consular processing.
Step 7: Receive green card.
Not sure if you qualify? Take the free visa evaluation
Item | Cost / Timeline |
|---|---|
Form I-140 filing fee | $715 |
Asylum Program Fee | $600 |
Premium processing (I-907) | $2,805 ($2,965 after March 1, 2026) |
Standard I-140 processing | 6-19 months |
Premium processing time | 15 business days |
Form I-485 filing fee | $1,440 |
Medical exam | $200-$500 |
Attorney fees | $5,000-$20,000 |
Priority date wait (most countries) | Generally current |
Priority date wait (India EB-1) | 1-3 years |
Priority date wait (China EB-1) | 1-2 years |
Feature | EB-1A | EB-2 NIW |
|---|---|---|
Visa Category | First preference (EB-1) | Second preference (EB-2) |
Self-Petition | Yes | Yes |
Standard | Extraordinary ability (very top of field) | Advanced degree/exceptional ability + national interest |
Criteria | 3 of 10 criteria + final merits | Dhanasar three-prong test |
Degree Required | No | Yes (advanced degree or bachelor's + 5 years) |
Filing Fee | $715 + $600 | $715 + $600 |
Premium Processing | 15 business days ($2,805) | 45 business days ($2,805) |
Priority Date | Generally current (shorter wait) | Backlogged (1-2 years most countries, 10+ India) |
Evidence Bar | Higher (sustained acclaim, very top of field) | Lower (national importance, well-positioned) |
Best For | Top-tier achievers with extensive recognition | Professionals with advanced degrees and impactful work |
The final merits determination can result in denial even if 3 criteria are technically met. The totality of evidence must show sustained national or international acclaim, not just isolated achievements.
USCIS must first define the applicant's field before evaluating whether they are at the "very top." A vaguely defined field makes evaluation difficult and can lead to an RFE.
Evidence that relies primarily on the applicant's own claims or letters from close collaborators is insufficient. USCIS values independent, third-party confirmation of achievements.
An award means nothing without context showing its selectivity. A publication means little without citation data. Always provide comparative data and context.
USCIS requires sustained, current acclaim. Achievements from 10+ years ago without recent activity may suggest the applicant has not maintained their level of extraordinary ability.
Disclaimer: OpenSphere is not a law firm and does not provide legal advice. This article is for informational purposes only and should not be considered legal counsel. Immigration laws change frequently; always consult with a licensed immigration attorney for advice specific to your situation.
Not sure which visa is right for you? Take OpenSphere's free visa evaluation to get a personalized recommendation in minutes.
Frequently Asked Questions
Can I self-petition for the EB-1A without an employer?
Yes. The EB-1A is one of the few green card categories that allows self-petition. You file Form I-140 on your own behalf without needing a U.S. employer, job offer, or PERM labor certification. You must demonstrate intent to continue working in your field of extraordinary ability in the United States.
Can I self-petition for the EB-1A without an employer?
How many of the 10 EB-1A criteria do I need to meet?
You must meet at least 3 of the 10 criteria as a threshold requirement. However, USCIS then conducts a final merits determination evaluating the totality of evidence. Meeting exactly 3 criteria with weak evidence may not be sufficient. Strong petitions typically demonstrate 4-5 criteria with robust, independently validated documentation.
How many of the 10 EB-1A criteria do I need to meet?
What is the EB-1A processing time in 2026?
Standard I-140 processing takes approximately 6-19 months. Premium processing guarantees USCIS action within 15 business days for $2,805 ($2,965 after March 1, 2026). After I-140 approval, EB-1A priority dates are generally current for most countries, meaning the green card stage can begin immediately, making the total timeline potentially 6-18 months.
What is the EB-1A processing time in 2026?
Is the EB-1A harder to get than the EB-2 NIW?
Yes, the EB-1A has a higher evidence bar. It requires demonstrating you are among the "small percentage at the very top" of your field with sustained national or international acclaim. The EB-2 NIW requires showing your work has national importance and you are well-positioned to advance it. However, the EB-1A's advantage is faster processing (15 vs 45 business days for premium) and generally current priority dates.
Is the EB-1A harder to get than the EB-2 NIW?
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